Tennessee Two Step

The Tennessee Supreme Court heard oral argument today in two bar discipline matters

George H. Thompson, III v. Board of Professional Responsibility of the Supreme Court of Tennessee – This attorney-discipline case was initiated after a single complaint alleging that the attorney, Mr. George Thompson, allowed the statute of limitations in a client’s personal injury action to expire, prohibiting the client from refiling her claim or obtaining relief.  Mr. Thompson offered his client $5,000 in exchange for a release from liability concerning the case, but he did not advise his client that she should obtain independent legal counsel regarding the release.  Mr. Thompson stipulated to the acts of wrongdoing and that he violated the Rules of Professional Conduct.  As a result, the hearing panel found that a one-year suspension, thirty days active with the remainder on probation, was the appropriate measure of discipline given Mr. Thompson’s history of similar acts of wrongdoing and discipline.  The chancery court affirmed the hearing panel’s sanction.  On appeal to the Supreme Court, Mr. Thompson argues that thirty days active suspension would effectively eliminate his ability to carry on his solo practice and would force him to retire early.  Additionally, Mr. Thompson argues that he did not knowingly or intentionally violate the rules, so a suspension is not appropriate in this instance.  The Board argues that the hearing panel’s decision is not arbitrary or capricious and is supported by substantial and material evidence.

Douglas Ralph Beier v. Board of Professional Responsibility of the Supreme Court of Tennessee – This attorney-discipline matter arose from two separate cases for which Mr. Beier represented one of the parties.  In the first case, the Board of Professional Responsibility alleged that Mr. Beier forged the signature on an affidavit and filed the document with the court.  In the second case, regarding a probate matter, the Board alleged that Mr. Beier not only misrepresented who the heirs of the estate were, but he also misrepresented the value of the probate estate to pad his contingency fee.  A hearing panel determined that Mr. Beier violated six separate Rules of Professional Conduct and that a two-year suspension, ninety days active suspension with the remainder on probation, was the appropriate sanction.  Both Mr. Beier and the Board filed petitions for review of the hearing panel’s judgment in the Hamblen County Chancery Court.  The chancery court determined that the hearing panel’s finding that Mr. Beier violated the rules was not arbitrary or capricious and was supported by substantial and material evidence.  Additionally, the chancery court held that Mr. Beier’s two-year suspension was appropriate but that the entirety of the sanction should be served as an active suspension.  On appeal to the Supreme Court, Mr. Beier argues that the findings and conclusions of both the hearing panel and the chancery court were arbitrary and capricious and not supported by the evidence.  Furthermore, Mr. Beier argues that the hearing panel did not adequately weigh similar attorney discipline matters in determining the appropriate sanction and that the chancery court inappropriately modified the service of the suspension.  The Board argues that the hearing panel’s determinations as to ethical violations were supported by substantial and material evidence and that the chancery court appropriately modified the sanction.

(Mike Frisch)